Mealey's International Arbitration : Mealey's : Legal News & Analysis

Mealey's International Arbitration

February 23, 2023
India Urges Judge To Leave $111M Award Fight Stayed Pending 2nd Dutch Appeal

WASHINGTON, D.C. — The Republic of India urges a District of Columbia federal judge to disregard arguments by shareholders in an Indian telecommunications company that the court should lift its stay on the shareholders’ petition to confirm arbitral awards worth more than $111 million after the Dutch Supreme Court rejected India’s first appeal, arguing that the case should remain stayed while its second appeal is pending.
February 23, 2023
D.C. Circuit Affirms $1.5M Sanctions Award Against Romania For Discovery Dispute

WASHINGTON, D.C. — A District of Columbia U.S. Court of Appeals panel affirmed a federal court’s imposition of $1.5 million in sanctions against the government of Romania for failure to comply with discovery orders issued in relation to post-judgment enforcement of an arbitral award it was ordered to pay to Swedish investors and their companies worth more than $356 million, rejecting all of Romania’s arguments challenging the propriety of sanctions.
February 22, 2023
Judge Issues Anti-Suit Injunctions Barring Spain From Suing Plaintiffs Abroad

WASHINGTON, D.C. — A District of Columbia federal judge recently issued two anti-suit injunctions in two similarly situated lawsuits, barring the Kingdom of Spain from pursuing litigation in the home countries of Dutch and Luxembourg investors who have petitioned in the district court to confirm arbitral awards collectively worth more than 331 million euros, writing in each ruling that “unusual circumstances” warrant the “strong medicine” of injunctive relief.
February 21, 2023
High Court Won’t Review Venezuelan Ore Producer’s Challenge To $12.6M Award

WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 21 denied a petition for a writ of certiorari filed by a Venezuelan state-owned ore producer seeking review of the confirmation of a $12.6 million arbitral award against it, which it had argued was improperly confirmed despite lack of proper service and in violation of public policy.
February 17, 2023
ICSID Denies 2 Requests By Venezuela To Reconsider Past Orders In $8.5B Award Row

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 16 published two recent decisions by an ad hoc committee hearing the Bolivarian Republic of Venezuela’s challenge to an $8.5 billion award issued against it for expropriating the investments of three Dutch oil companies, rejecting Venezuela’s request to reconsider an order partially lifting a stay of enforcement on the award and refusing a request by Venezuela’s President Nicolás Maduro-retained counsel to remove counsel hired by purported interim President Juan Guaidó.
February 16, 2023
Judge Confirms $500M Awards Against Djibouti In Container Terminal Dispute

WASHINGTON, D.C. — A District of Columbia federal judge on Feb. 15 granted a Djibouti-based joint venture’s petition to confirm two London Court of International Arbitration (LCIA) awards worth more than $500 million against the Republic of Djibouti for breaching a contract over control of a container ship terminal on the Red Sea, rejecting all of Djibouti’s arguments, including that the joint venture is no longer legally authorized to pursue confirmation of the award.
February 14, 2023
Judge Won’t Dismiss Suit Despite Award-Creditors’ ‘Mess’ Serving Zimbabwe

WASHINGTON, D.C. — A District of Columbia federal judge denied the Republic of Zimbabwe’s motion to dismiss a petition filed by a group of plantation owners seeking to confirm arbitral awards worth more than $263 million for the expropriation of their property, finding that the petitioners had served Zimbabwe by a court-imposed deadline despite making “a complete mess” of service.
February 14, 2023
$142M Awards May Be Enforced Against Chinese Investor’s Apartment, Judge Says

NEW YORK — A New York federal judge adopted in full a magistrate judge’s report and recommendation (R&R), found that the court has quasi in rem jurisdiction based on a Chinese investor’s ownership of a Manhattan apartment and confirmed two arbitral awards worth more than $142 million against her for a dispute with co-investors in a Chinese restaurant chain, paving the way for the award-creditors to seize and sell the apartment.
February 13, 2023
Judge Denies Reinsurer’s Bid For Reconsideration Of $33M Awards Against Argentina

WASHINGTON, D.C. — A District of Columbia federal judge on Feb. 10 denied a reinsurer’s motion to reconsider dismissing its petition to enforce two arbitral awards worth $33 million against the Republic of Argentina for lack of jurisdiction, writing that the reinsurer improperly introduced new evidence and fails to establish that Argentina is an alter ego to a state-owned company that incurred debts in the underlying dispute.
February 09, 2023
Shareholders Tell Judge Dutch Supreme Court Upheld $111M Award Against India

WASHINGTON, D.C. — A group of shareholders in an Indian telecommunications company on Feb. 8 urged a District of Columbia federal judge to lift a stay on their petition to confirm an arbitral award worth more than $111 million in their favor against the Republic of India for the termination of a satellite contract after the Dutch Supreme Court rejected India’s application to set aside the merits award against it.
February 08, 2023
Confirmation Of $8.7M Award In Mexican Film Rights Row Appealed To 9th Circuit

SAN FRANCISCO — A Mexican film producer’s son and his companies have appealed to the Ninth Circuit U.S. Court of Appeals a district court’s confirmation of an $8.7 million arbitral award in favor of his father’s estate, companies and other children, which was allegedly issued by a tribunal that found jurisdiction based on forged evidence.
February 08, 2023
Bolivian Entity Says 10th Circuit Need Not Rehear Challenge To $36M Award

DENVER — A Bolivian award-creditor in a brief opposing two Mexican companies’ petition to the 10th Circuit U.S. Court of Appeals for rehearing of their challenge to an arbitral award that was affirmed by a split panel argues that the trial court properly considered “finality” as a public policy issue and that the award’s confirmation does not create a circuit split or present an issue of public importance.
February 08, 2023
Judge Directs Parties To Propose Order Confirming $500M Awards Against Djibouti

WASHINGTON, D.C. — A District of Columbia federal judge on Feb. 7 ordered the Republic of Djibouti and a Djibouti-based joint venture (JV) to submit a proposed order within one week adhering to his recent oral order granting the JV’s petition to confirm two London Court of International Arbitration (LCIA) awards worth more than $500 million against Djibouti for harming the JV’s investment in a container ship terminal.
February 07, 2023
Tribunal Says EC May Intervene In Wind Energy Investors’ Claim Against Germany

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 6 published a tribunal’s order granting in part the European Commission’s (EC) application to intervene in an arbitral claim brought by Irish and German wind energy investors against the Federal Republic of Germany, writing that the EC may file a memorial regarding the arbitration of intra-EU disputes but not appear at an arbitration hearing.
February 06, 2023
COMMENTARY: Evolution Of Caselaw On Arbitration Of Statutory Claims

By Robert M. Hall
February 03, 2023
ICSID Tribunal Denies Investor’s Request For Interim Measures Against Mexico

WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal in an order published Feb. 2 refused three Texas-based oil companies’ request that it enjoin the United Mexican States from actions regarding a contract disputed in the $200 million North American Free Trade Agreement (NAFTA) arbitration that the companies say would affect the tribunal’s jurisdiction after finding the companies failed to allege a risk of irreparable harm.
February 02, 2023
Hungarian Gas Company Asks Judge To Enforce $236M Award Against Croatia

WASHINGTON, D.C. — A Hungarian gas company filed a petition in a District of Columbia federal court seeking enforcement of an International Centre for Settlement of Investment Disputes (ICSID) arbitration award in its favor worth more than $236 million against the Republic of Croatia for impairing its investments into the Croatian gas market.
February 01, 2023
Guatemala, U.S. Investor Settle Dispute Over $37M Award, ICSID Says

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 31 published an ad hoc committee’s order taking note of the discontinuance of the Republic of Guatemala’s application to annul an arbitral award worth more than $37 million in favor of a U.S. electricity provider that claimed that Guatemala impaired its investment by imposing new distribution tariffs.
January 27, 2023
Judge Won’t Dismiss Chinese Company’s Action To Enforce $70M Award Against Nigeria

WASHINGTON, D.C. — A District of Columbia federal judge on Jan. 26 denied the Federal Republic of Nigeria’s motion to dismiss a Chinese company’s action to confirm an arbitral award worth nearly $70 million for Nigeria’s expropriation of its investment in building business infrastructure in a designated “free-trade zone,” which the company owned in part.
January 26, 2023
10th Circuit Orders Response To Petition For Rehearing In $36 Million Award Row

DENVER — A 10th Circuit U.S. Court of Appeals panel on Jan. 25 ordered a Bolivian award-creditor to respond to two Mexican companies’ petition for rehearing of their challenge to a federal judge’s refusal to vacate judgment confirming an arbitral award against them after its vacatur by Bolivia’s highest court, which the split panel affirmed on Jan. 10.
January 26, 2023
Venezuelan Ore Producer’s Challenge To $12.6M Award Distributed By High Court

WASHINGTON, D.C. — The U.S. Supreme Court has distributed for conference a petition for a writ of certiorari filed by a Venezuelan state-owned ore producer seeking review of the confirmation of a $12.6 million arbitral award against it, arguing that it was not properly served and that the award violates public policy.
January 23, 2023
Exploration Company Says Mexican Litigation Doesn’t Moot $2.3B Arbitral Claim

WASHINGTON, D.C. — An American mineral exploration company seeking more than $2.3 billion in damages for the denial of its bid to develop an underwater phosphate deposit argues in a post-hearing brief to an arbitral tribunal that its pending challenge to the denial in a Mexican court does not affect its claim for breaches of the North American Free Trade Agreement (NAFTA), while Mexico says the arbitration is an attempt to “second-guess” the government’s decision.
January 23, 2023
Guatemalan Bank Wins Award’s Confirmation After Panamanian Party Fails To Respond

MIAMI — A Florida federal judge confirmed an arbitral award in which a Panamanian entity’s claims for $400 million in damages from a Guatemalan bank over a share dividends dispute were dismissed and no damages were awarded, with the judge finding the Panamanian entity had failed to oppose the Guatemalan bank’s petition.
January 23, 2023
Romania Again Challenges Confirmation Of Award Deemed Unenforceable By EU Court

WASHINGTON, D.C. — The government of Romania filed notice of its fourth appeal to the D.C. Circuit U.S Court of Appeals after a federal judge denied its motion for relief from three judgments ordering it to pay a confirmed arbitral award worth more than $350 million plus $1.5 million in sanctions despite a ruling by the European Union’s highest court prohibiting payment of the award in favor of Swedish investors.
January 20, 2023
Tribunal Bars New Evidence In Spanish Energy Investor’s Dispute Against Argentina

WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on Jan. 19 denied the Argentine Republic’s request to admit new evidence regarding the financial performance of the entity in which a Spanish claimant had invested and rejected Argentina’s request that the tribunal bar the claimants’ new exhibits submitted in response to an arbitrator’s questions about the authenticity of its evidence.